The Public Service Appeal Board dismissed an appeal against the termination of a local government Chief Executive Officer. The appellant filed the appeal under s 80I(1)(c) of the Industrial Relations Act 1979, challenging his dismissal and seeking to have his resignation overturned. The Board’s preliminary issue was whether the appellant qualified as a "government officer,” a prerequisite for jurisdiction under the Act.

The Board found that the statutory definition of a "government officer," is defined under the Act as a public service officer, or as someone employed by a public authority. The appellant’s employment with the respondent did not meet these definitions as the respondent is categorised as a local government, not a public authority or public service organisation.

The Board also considered the appellant’s arguments referencing other sections of the Act, such as s 23 and s 29(1)(c), which pertain to industrial matters and the Commission’s jurisdiction over local government employees. However, the appeal was determined not to fall within the Board’s jurisdiction since the appellant did not make an unfair dismissal claim to the Commission but instead appealed directly to the Public Service Appeal Board.

Ultimately, as the Board found that the appellant did not meet the criteria to be considered a government officer under the Act, the appeal was dismissed due to lack of jurisdiction.

 

The decision can be read here.